Bill
County Recreational Area Amendments
- Number
- S.B. 240 (2021GS)
- Sponsor
- Sen. Bramble, C.
- Final action
- Governor Signed 3/17/2021
- Outcome
- Became law — signed by Gov. Spencer J. Cox
Summary
This bill amends provisions related to certain county recreational areas.
What it does
- This bill:
- modifies provisions related to the appointment of members in a mountainous planning district's planning commission;
- modifies provisions related to the general plan for a mountainous planning district;
- repeals provisions allowing a mountainous planning district to include a municipality within the mountainous planning district's boundaries;
- repeals certain reporting requirements for a county planning commission with jurisdiction over a mountainous planning district;
- repeals the sunset dates for:
- provisions related to mountainous planning districts; and
- certain provisions related to a county's funding of municipal services in a designated recreational area; and
- makes technical and conforming changes.
Every vote on this bill
3/1/2021Senate Comm - Favorable Recommendation
Senate Government Operations and Political Subdivisions Committee
7 0 1not eligible / no record3/1/2021Senate/ passed 2nd reading
Senate 3rd Reading Calendar
26 0 3not eligible / no record3/2/2021Senate/ passed 3rd reading
Clerk of the House
26 0 3not eligible / no record3/5/2021House/ passed 3rd reading
House Speaker
65 2 8YEABill text
enrolled version · official source
COUNTY RECREATIONAL AREA AMENDMENTS GENERAL SESSION STATE OF UTAH Chief Sponsor: Curtis S. Bramble House Sponsor: Keven J. Stratton LONG TITLE General Description: This bill amends provisions related to certain county recreational areas. Highlighted Provisions: This bill: ▸ modifies provisions related to the appointment of members in a mountainous planning district's planning commission; ▸ modifies provisions related to the general plan for a mountainous planning district; ▸ repeals provisions allowing a mountainous planning district to include a municipality within the mountainous planning district's boundaries; ▸ repeals certain reporting requirements for a county planning commission with jurisdiction over a mountainous planning district; ▸ repeals the sunset dates for: • provisions related to mountainous planning districts; and • certain provisions related to a county's funding of municipal services in a designated recreational area; and ▸ makes technical and conforming changes. Money Appropriated in this Bill: None Other Special Clauses: None Utah Code Sections Affected: AMENDS: 10-9a-304 , as last amended by Laws of Utah 2017, Chapter 448 17-27a-103 , as last amended by Laws of Utah 2020, Chapter 434 17-27a-301 , as last amended by Laws of Utah 2020, Chapter 114 17-27a-401 , as last amended by Laws of Utah 2019, Chapter 327 17-27a-403 , as last amended by Laws of Utah 2020, Chapter 136 17-27a-901 , as last amended by Laws of Utah 2018, Chapter 330 63I-2-210 , as last amended by Laws of Utah 2020, Chapter 136 63I-2-217 , as last amended by Laws of Utah 2020, Chapters 47, 114, and 434 Be it enacted by the Legislature of the state of Utah: Section 1. Section 10-9a-304 is amended to read: 10-9a-304. State and federal property. [ (1) ] Unless otherwise provided by law, nothing contained in this chapter may be construed as giving a municipality jurisdiction over property owned by the state or the United States. [ (2) (a) Except as provided in Subsection (2)(b), for purposes of this chapter, a municipality, a municipal planning commission, or a municipal land use authority does not have jurisdiction over property located within a mountainous planning district, as that term is defined in Section 17-27a-103 . ] [ (b) Subsection (2)(a) does not apply to a municipality if: ] [ (i) (A) the municipality is wholly located within the boundaries of a mountainous planning district; and ] [ (B) the municipality was incorporated before 1971; ] [ (ii) the municipality exercises the municipality's extraterritorial jurisdiction under Section 10-8-15 ; or ] [ (iii) subject to Subsection (2)(c), a local health authority has granted the municipality joint authority to regulate the municipality's watershed areas. ] [ (c) The exception under Subsection (2)(b)(iii) applies only for matters related to regulation of the watershed within a watershed area. ] Section 2. Section 17-27a-103 is amended to read: 17-27a-103. Definitions. As used in this chapter: (1) "Accessory dwelling unit" means a habitable living unit added to, created within, or detached from a primary single-family dwelling and contained on one lot. (2) "Adversely affected party" means a person other than a land use applicant who: (a) owns real property adjoining the property that is the subject of a land use application or land use decision; or (b) will suffer a damage different in kind than, or an injury distinct from, that of the general community as a result of the land use decision. (3) "Affected entity" means a county, municipality, local district, special service district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified property owner, property [ owners ] owner's association, public utility, or the Utah Department of Transportation, if: (a) the entity's services or facilities are likely to require expansion or significant modification because of an intended use of land; (b) the entity has filed with the county a copy of the entity's general or long-range plan; or (c) the entity has filed with the county a request for notice during the same calendar year and before the county provides notice to an affected entity in compliance with a requirement imposed under this chapter. (4) "Affected owner" means the owner of real property that is: (a) a single project; (b) the subject of a land use approval that sponsors of a referendum timely challenged in accordance with Subsection 20A-7-601 (5)(a); and (c) determined to be legally referable under Section 20A-7-602.8 . (5) "Appeal authority" means the person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance. (6) "Billboard" means a freestanding ground sign located on industrial, commercial, or residential property if the sign is designed or intended to direct attention to a business, product, or service that is not sold, offered, or existing on the property where the sign is located. (7) (a) "Charter school" means: (i) an operating charter school; (ii) a charter school applicant that [ has its application approved by ] a charter school authorizer approves in accordance with Title 53G, Chapter 5, Part 3, Charter School Authorization; or (iii) an entity that is working on behalf of a charter school or approved charter applicant to develop or construct a charter school building. (b) "Charter school" does not include a therapeutic school. (8) "Chief executive officer" means the person or body that exercises the executive powers of the county. (9) "Conditional use" means a land use that, because of [ its ] the unique characteristics or potential impact of the land use on the county, surrounding neighbors, or adjacent land uses, may not be compatible in some areas or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts. (10) "Constitutional taking" means a governmental action that results in a taking of private property so that compensation to the owner of the property is required by the: (a) Fifth or Fourteenth Amendment of the Constitution of the United States; or (b) Utah Constitution, Article I, Section 22. (11) "County utility easement" means an easement that: (a) a plat recorded in a county recorder's office described as a county utility easement or otherwise as a utility easement; (b) is not a protected utility easement or a public utility easement as defined in Section 54-3-27 ; (c) the county or the county's affiliated governmental entity owns or creates; and (d) (i) either: (A) no person uses or occupies; or (B) the county or the county's affiliated governmental entity uses and occupies to provide a utility service, including sanitary sewer, culinary water, electrical, storm water, or communications or data lines; or (ii) a person uses or occupies with or without an authorized franchise or other agreement with the county. (12) "Culinary water authority" means the department, agency, or public entity with responsibility to review and approve the feasibility of the culinary water system and sources for the subject property. (13) "Development activity" means: (a) any construction or expansion of a building, structure, or use that creates additional demand and need for public facilities; (b) any change in use of a building or structure that creates additional demand and need for public facilities; or (c) any change in the use of land that creates additional demand and need for public facilities. (14) (a) "Disability" means a physical or mental impairment that substantially limits one or more of a person's major life activities, including a person having a record of such an impairment or being regarded as having such an impairment. (b) "Disability" does not include current illegal use of, or addiction to, any federally controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C. Sec. 802. (15) "Educational facility": (a) means: (i) a school district's building at which pupils assemble to receive instruction in a program for any combination of grades from preschool through grade 12, including kindergarten and a program for children with disabilities; (ii) a structure or facility: (A) located on the same property as a building described in Subsection (15)(a)(i); and (B) used in support of the use of that building; and (iii) a building to provide office and related space to a school district's administrative personnel; and (b) does not include: (i) land or a structure, including land or a structure for inventory storage, equipment storage, food processing or preparing, vehicle storage or maintenance, or similar use that is: (A) not located on the same property as a building described in Subsection (15)(a)(i); and (B) used in support of the purposes of a building described in Subsection (15)(a)(i); or (ii) a therapeutic school. (16) "Fire authority" means the department, agency, or public entity with responsibility to review and approve the feasibility of fire protection and suppression services for the subject property. (17) "Flood plain" means land that: (a) is within the 100-year flood plain designated by the Federal Emergency Management Agency; or (b) has not been studied or designated by the Federal Emergency Management Agency but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because the land has characteristics that are similar to those of a 100-year flood plain designated by the Federal Emergency Management Agency. (18) "Gas corporation" has the same meaning as defined in Section 54-2-1 . (19) "General plan" means a document that a county adopts that sets forth general guidelines for proposed future development of: (a) the unincorporated land within the county; or (b) for a mountainous planning district, the land within the mountainous planning district. (20) "Geologic hazard" means: (a) a surface fault rupture; (b) shallow groundwater; (c) liquefaction; (d) a landslide; (e) a debris flow; (f) unstable soil; (g) a rock fall; or (h) any other geologic condition that presents a risk: (i) to life; (ii) of substantial loss of real property; or (iii) of substantial damage to real property. (21) "Hookup fee" means a fee for the installation and inspection of any pipe, line, meter, or appurtenance to connect to a county water, sewer, storm water, power, or other utility system. (22) "Identical plans" means building plans submitted to a county that: (a) are clearly marked as "identical plans"; (b) are substantially identical building plans that were previously submitted to and reviewed and approved by the county; and (c) describe a building that: (i) is located on land zoned the same as the land on which the building described in the previously approved plans is located; (ii) is subject to the same geological and meteorological conditions and the same law as the building described in the previously approved plans; (iii) has a floor plan identical to the building plan previously submitted to and reviewed and approved by the county; and (iv) does not require any additional engineering or analysis. (23) "Impact fee" means a payment of money imposed under Title 11, Chapter 36a, Impact Fees Act. (24) "Improvement completion assurance" means a surety bond, letter of credit, financial institution bond, cash, assignment of rights, lien, or other equivalent security required by a county to guaranty the proper completion of landscaping or an infrastructure improvement required as a condition precedent to: (a) recording a subdivision plat; or (b) development of a commercial, industrial, mixed use, or multifamily project. (25) "Improvement warranty" means an applicant's unconditional warranty that the applicant's installed and accepted landscaping or infrastructure improvement: (a) complies with the county's written standards for design, materials, and workmanship; and (b) will not fail in any material respect, as a result of poor workmanship or materials, within the improvement warranty period. (26) "Improvement warranty period" means a period: (a) no later than one year after a county's acceptance of required landscaping; or (b) no later than one year after a county's acceptance of required infrastructure, unless the county: (i) determines for good cause that a one-year period would be inadequate to protect the public health, safety, and welfare; and (ii) has substantial evidence, on record: (A) of prior poor performance by the applicant; or (B) that the area upon which the infrastructure will be constructed contains suspect soil and the county has not otherwise required the applicant to mitigate the suspect soil. (27) "Infrastructure improvement" means permanent infrastructure that is essential for the public health and safety or that: (a) is required for human consumption; and (b) an applicant must install: (i) in accordance with published installation and inspection specifications for public improvements; and (ii) as a condition of: (A) recording a subdivision plat; (B) obtaining a building permit; or (C) developing a commercial, industrial, mixed use, condominium, or multifamily project. (28) "Internal lot restriction" means a platted note, platted demarcation, or platted designation that: (a) runs with the land; and (b) (i) creates a restriction that is enclosed within the perimeter of a lot described on the plat; or (ii) designates a development condition that is enclosed within the perimeter of a lot described on the plat. (29) "Interstate pipeline company" means a person or entity engaged in natural gas transportation subject to the jurisdiction of the Federal Energy Regulatory Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq. (30) "Intrastate pipeline company" means a person or entity engaged in natural gas transportation that is not subject to the jurisdiction of the Federal Energy Regulatory Commission under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq. (31) "Land use applicant" means a property owner, or the property owner's designee, who submits a land use application regarding the property owner's land. (32) "Land use application": (a) means an application that is: (i) required by a county; and (ii) submitted by a land use applicant to obtain a land use decision; and (b) does not mean an application to enact, amend, or repeal a land use regulation. (33) "Land use authority" means: (a) a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or (b) if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. (34) "Land use decision" means an administrative decision of a land use authority or appeal authority regarding: (a) a land use permit; (b) a land use application; or (c) the enforcement of a land use regulation, land use permit, or development agreement. (35) "Land use permit" means a permit issued by a land use authority. (36) "Land use regulation": (a) means a legislative decision enacted by ordinance, law, code, map, resolution, specification, fee, or rule that governs the use or development of land; (b) includes the adoption or amendment of a zoning map or the text of the zoning code; and (c) does not include: (i) a land use decision of the legislative body acting as the land use authority, even if the decision is expressed in a resolution or ordinance; or (ii) a temporary revision to an engineering specification that does not materially: (A) increase a land use applicant's cost of development compared to the existing specification; or (B) impact a land use applicant's use of land. (37) "Legislative body" means the county legislative body, or for a county that has adopted an alternative form of government, the body exercising legislative powers. (38) "Local district" means any entity under Title 17B, Limited Purpose Local Government Entities - Local Districts, and any other governmental or quasi-governmental entity that is not a county, municipality, school district, or the state. (39) "Lot" means a tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the county recorder. (40) (a) "Lot line adjustment" means a relocation of a lot line boundary between adjoining lots or parcels, whether or not the lots are located in the same subdivision, in accordance with Section 17-27a-608 , with the consent of the owners of record. (b) "Lot line adjustment" does not mean a new boundary line that: (i) creates an additional lot; or (ii) constitutes a subdivision. (41) "Major transit investment corridor" means public transit service that uses or occupies: (a) public transit rail right-of-way; (b) dedicated road right-of-way for the use of public transit, such as bus rapid transit; or (c) fixed-route bus corridors subject to an interlocal agreement or contract between a municipality or county and: (i) a public transit district as defined in Section 17B-2a-802 ; or (ii) an eligible political subdivision as defined in Section 59-12-2219 . (42) "Moderate income housing" means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income for households of the same size in the county in which the housing is located. (43) "Mountainous planning district" means an area[ : (a) ] designated by a county legislative body in accordance with Section 17-27a-901 [ ; and ] . [ (b) that is not otherwise exempt under Section 10-9a-304 . ] (44) "Nominal fee" means a fee that reasonably reimburses a county only for time spent and expenses incurred in: (a) verifying that building plans are identical plans; and (b) reviewing and approving those minor aspects of identical plans that differ from the previously reviewed and approved building plans. (45) "Noncomplying structure" means a structure that: (a) legally existed before [ its ] the structure's current land use designation; and (b) because of one or more subsequent land use ordinance changes, does not conform to the setback, height restrictions, or other regulations, excluding those regulations that govern the use of land. (46) "Nonconforming use" means a use of land that: (a) legally existed before [ its ] the current land use designation; (b) has been maintained continuously since the time the land use ordinance regulation governing the land changed; and (c) because of one or more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of the land. (47) "Official map" means a map drawn by county authorities and recorded in the county recorder's office that: (a) shows actual and proposed rights-of-way, centerline alignments, and setbacks for highways and other transportation facilities; (b) provides a basis for restricting development in designated rights-of-way or between designated setbacks to allow the government authorities time to purchase or otherwise reserve the land; and (c) has been adopted as an element of the county's general plan. (48) "Parcel" means any real property that is not a lot created by and shown on a subdivision plat recorded in the office of the county recorder. (49) (a) "Parcel boundary adjustment" means a recorded agreement between owners of adjoining parcels adjusting the mutual boundary, either by deed or by a boundary line agreement in accordance with Section 57-1-45 , if no additional parcel is created and: (i) none of the property identified in the agreement is subdivided land; or (ii) the adjustment is to the boundaries of a single person's parcels. (b) "Parcel boundary adjustment" does not mean an adjustment of a parcel boundary line that: (i) creates an additional parcel; or (ii) constitutes a subdivision. (50) "Person" means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. (51) "Plan for moderate income housing" means a written document adopted by a county legislative body that includes: (a) an estimate of the existing supply of moderate income housing located within the county; (b) an estimate of the need for moderate income housing in the county for the next five years; (c) a survey of total residential land use; (d) an evaluation of how existing land uses and zones affect opportunities for moderate income housing; and (e) a description of the county's program to encourage an adequate supply of moderate income housing. (52) "Planning advisory area" means a contiguous, geographically defined portion of the unincorporated area of a county established under this part with planning and zoning functions as exercised through the planning advisory area planning commission, as provided in this chapter, but with no legal or political identity separate from the county and no taxing authority. (53) "Plat" means a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Section 17-27a-603 or 57-8-13 . (54) "Potential geologic hazard area" means an area that: (a) is designated by a Utah Geological Survey map, county geologist map, or other relevant map or report as needing further study to determine the area's potential for geologic hazard; or (b) has not been studied by the Utah Geological Survey or a county geologist but presents the potential of geologic hazard because the area has characteristics similar to those of a designated geologic hazard area. (55) "Public agency" means: (a) the federal government; (b) the state; (c) a county, municipality, school district, local district, special service district, or other political subdivision of the state; or (d) a charter school. (56) "Public hearing" means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. (57) "Public meeting" means a meeting that is required to be open to the public under Title 52, Chapter 4, Open and Public Meetings Act. (58) "Public street" means a public right-of-way, including a public highway, public avenue, public boulevard, public parkway, public road, public lane, public alley, public viaduct, public subway, public tunnel, public bridge, public byway, other public transportation easement, or other public way. (59) "Receiving zone" means an unincorporated area of a county that the county designates, by ordinance, as an area in which an owner of land may receive a transferable development right. (60) "Record of survey map" means a map of a survey of land prepared in accordance with Section 10-9a-603 , 17-23-17 , 17-27a-603 , or 57-8-13 . (61) "Residential facility for persons with a disability" means a residence: (a) in which more than one person with a disability resides; and (b) (i) which is licensed or certified by the Department of Human Services under Title 62A, Chapter 2, Licensure of Programs and Facilities; or (ii) which is licensed or certified by the Department of Health under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act. (62) "Rules of order and procedure" means a set of rules that govern and prescribe in a public meeting: (a) parliamentary order and procedure; (b) ethical behavior; and (c) civil discourse. (63) "Sanitary sewer authority" means the department, agency, or public entity with responsibility to review and approve the feasibility of sanitary sewer services or onsite wastewater systems. (64) "Sending zone" means an unincorporated area of a county that the county designates, by ordinance, as an area from which an owner of land may transfer a transferable development right. (65) "Site plan" means a document or map that may be required by a county during a preliminary review preceding the issuance of a building permit to demonstrate that an owner's or developer's proposed development activity meets a land use requirement. (66) "Specified public agency" means: (a) the state; (b) a school district; or (c) a charter school. (67) "Specified public utility" means an electrical corporation, gas corporation, or telephone corporation, as those terms are defined in Section 54-2-1 . (68) "State" includes any department, division, or agency of the state. (69) "Subdivided land" means the land, tract, or lot described in a recorded subdivision plat. (70) (a) "Subdivision" means any land that is divided, resubdivided, or proposed to be divided into two or more lots or other division of land for the purpose, whether immediate or future, for offer, sale, lease, or development either on the installment plan or upon any and all other plans, terms, and conditions. (b) "Subdivision" includes: (i) the division or development of land whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and (ii) except as provided in Subsection (70)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. (c) "Subdivision" does not include: (i) a bona fide division or partition of agricultural land for agricultural purposes; (ii) an agreement recorded with the county recorder's office between owners of adjoining properties adjusting the mutual boundary by a boundary line agreement in accordance with Section 57-1-45 if: (A) no new lot is created; and (B) the adjustment does not violate applicable land use ordinances; (iii) a recorded document, executed by the owner of record: (A) revising the legal description of more than one contiguous parcel of property that is not subdivided land into one legal description encompassing all such parcels of property; or (B) joining a subdivided parcel of property to another parcel of property that has not been subdivided, if the joinder does not violate applicable land use ordinances; (iv) a bona fide division or partition of land in a county other than a first class county for the purpose of siting, on one or more of the resulting separate parcels: (A) an electrical transmission line or a substation; (B) a natural gas pipeline or a regulation station; or (C) an unmanned telecommunications, microwave, fiber optic, electrical, or other utility service regeneration, transformation, retransmission, or amplification facility; (v) an agreement between owners of adjoining subdivided properties adjusting the mutual lot line boundary in accordance with Section 10-9a-603 if: (A) no new dwelling lot or housing unit will result from the adjustment; and (B) the adjustment will not violate any applicable land use ordinance; (vi) a bona fide division or partition of land by deed or other instrument where the land use authority expressly approves in writing the division in anticipation of further land use approvals on the parcel or parcels; (vii) a parcel boundary adjustment; (viii) a lot line adjustment; (ix) a road, street, or highway dedication plat; or (x) a deed or easement for a road, street, or highway purpose. (d) The joining of a subdivided parcel of property to another parcel of property that has not been subdivided does not constitute a subdivision under this Subsection (70) as to the unsubdivided parcel of property or subject the unsubdivided parcel to the county's subdivision ordinance. (71) "Subdivision amendment" means an amendment to a recorded subdivision in accordance with Section 17-27a-608 that: (a) vacates all or a portion of the subdivision; (b) alters the outside boundary of the subdivision; (c) changes the number of lots within the subdivision; (d) alters a public right-of-way, a public easement, or public infrastructure within the subdivision; or (e) alters a common area or other common amenity within the subdivision. (72) "Suspect soil" means soil that has: (a) a high susceptibility for volumetric change, typically clay rich, having more than a 3% swell potential; (b) bedrock units with high shrink or swell susceptibility; or (c) gypsiferous silt and clay, gypsum, or bedrock units containing abundant gypsum commonly associated with dissolution and collapse features. (73) "Therapeutic school" means a residential group living facility: (a) for four or more individuals who are not related to: (i) the owner of the facility; or (ii) the primary service provider of the facility; (b) that serves students who have a history of failing to function: (i) at home; (ii) in a public school; or (iii) in a nonresidential private school; and (c) that offers: (i) room and board; and (ii) an academic education integrated with: (A) specialized structure and supervision; or (B) services or treatment related to a disability, an emotional development, a behavioral development, a familial development, or a social development. (74) "Transferable development right" means a right to develop and use land that originates by an ordinance that authorizes a land owner in a designated sending zone to transfer land use rights from a designated sending zone to a designated receiving zone. (75) "Unincorporated" means the area outside of the incorporated area of a municipality. (76) "Water interest" means any right to the beneficial use of water, including: (a) each of the rights listed in Section 73-1-11 ; and (b) an ownership interest in the right to the beneficial use of water represented by: (i) a contract; or (ii) a share in a water company, as defined in Section 73-3-3.5 . (77) "Zoning map" means a map, adopted as part of a land use ordinance, that depicts land use zones, overlays, or districts. Section 3. Section 17-27a-301 is amended to read: 17-27a-301. Ordinance establishing planning commission required -- Exception -- Ordinance requirements -- Planning advisory area planning commission -- Compensation. (1) (a) Except as provided in Subsection (1)(b), each county shall enact an ordinance establishing a countywide planning commission for the unincorporated areas of the county not within a planning advisory area. (b) Subsection (1)(a) does not apply if all of the county is included within any combination of: (i) municipalities; (ii) planning advisory areas each with a separate planning commission; and (iii) mountainous planning districts. (c) (i) Notwithstanding Subsection (1)(a), [ and except as provided in Subsection (1)(c)(ii), ] a county that designates a mountainous planning district shall enact an ordinance, subject to Subsection (1)(c)(ii), establishing a planning commission that has jurisdiction over the entire mountainous planning district[ , including areas of the mountainous planning district that are also located within a municipality or are unincorporated ]. (ii) A planning commission described in Subsection (1)(c)(i)[ : (A) does not have jurisdiction over a municipality described in Subsection 10-9a-304 (2)(b); and (B) ] has jurisdiction subject to a local health department exercising [ its ] the local health department's authority in accordance with Title 26A, Chapter 1, Local Health Departments , and a municipality exercising the municipality's authority in accordance with Section 10-8-15 . (iii) The ordinance shall require that[ : ] members of the planning commission be appointed by the county executive with the advice and consent of the county legislative body. [ (A) members of the planning commission represent areas located in the unincorporated and incorporated county; ] [ (B) members of the planning commission be registered voters who reside either in the unincorporated or incorporated county; ] [ (C) at least one member of the planning commission resides within the mountainous planning district and another member is a resident of a municipality located within the mountainous planning district; and ] [ (D) the county designate up to four seats on the planning commission, and fill each vacancy in the designated seats in accordance with the procedure described in Subsection (8). ] (2) (a) Notwithstanding Subsection (1)(b), the county legislative body of a county of the first or second class that includes more than one planning advisory area each with a separate planning commission may enact an ordinance that: (i) dissolves each planning commission within the county; and (ii) establishes a countywide planning commission that has jurisdiction over: (A) each planning advisory area within the county; and (B) the unincorporated areas of the county not within a planning advisory area. (b) A countywide planning commission established under Subsection (2)(a) shall assume the duties of each dissolved planning commission. (3) (a) The ordinance described in Subsection (1)(a) or (c) or (2)(a) shall define: (i) the number and terms of the members and, if the county chooses, alternate members; (ii) the mode of appointment; (iii) the procedures for filling vacancies and removal from office; (iv) the authority of the planning commission; (v) subject to Subsection (3)(b), the rules of order and procedure for use by the planning commission in a public meeting; and (vi) other details relating to the organization and procedures of the planning commission. (b) Subsection (3)(a)(v) does not affect the planning commission's duty to comply with Title 52, Chapter 4, Open and Public Meetings Act. (4) (a) (i) If the county establishes a planning advisory area planning commission, the county legislative body shall enact an ordinance that defines: (A) appointment procedures; (B) procedures for filling vacancies and removing members from office; (C) subject to Subsection (4)(a)(ii), the rules of order and procedure for use by the planning advisory area planning commission in a public meeting; and (D) details relating to the organization and procedures of each planning advisory area planning commission. (ii) Subsection (4)(a)(i)(C) does not affect the planning advisory area planning commission's duty to comply with Title 52, Chapter 4, Open and Public Meetings Act. (b) The planning commission for each planning advisory area shall consist of seven members who shall be appointed by: (i) in a county operating under a form of government in which the executive and legislative functions of the governing body are separated, the county executive with the advice and consent of the county legislative body; or (ii) in a county operating under a form of government in which the executive and legislative functions of the governing body are not separated, the county legislative body. (c) (i) Members shall serve four-year terms and until their successors are appointed and qualified. (ii) Notwithstanding the provisions of Subsection (4)(c)(i), members of the first planning commissions shall be appointed so that, for each commission, the terms of at least one member and no more than two members expire each year. (d) (i) Each member of a planning advisory area planning commission shall be a registered voter residing within the planning advisory area. (ii) Subsection (4)(d)(i) does not apply to a member described in Subsection (5)(a) if that member was, prior to May 12, 2015, authorized to reside outside of the planning advisory area. (5) (a) A member of a planning commission who was elected to and served on a planning commission on May 12, 2015, shall serve out the term to which the member was elected. (b) Upon the expiration of an elected term described in Subsection (5)(a), the vacant seat shall be filled by appointment in accordance with this section. (6) Upon the appointment of all members of a planning advisory area planning commission, each planning advisory area planning commission under this section shall begin to exercise the powers and perform the duties provided in Section 17-27a-302 with respect to all matters then pending that previously had been under the jurisdiction of the countywide planning commission or planning advisory area planning and zoning board. (7) The legislative body may authorize a member of a planning commission to receive per diem and travel expenses for meetings actually attended, in accordance with Section 11-55-103 . [ (8) (a) Subject to Subsection (8)(f), a county shall fill a vacancy in a planning commission seat described in Subsection (1)(c)(iii)(D) in accordance with this Subsection (8). ] [ (b) If a county designates one or more planning commission seats under Subsection (1)(c)(iii)(D), the county shall identify at least one and up to four cities that: ] [ (i) (A) are adjacent to the mountainous planning district; and ] [ (B) border the entrance to a canyon that is located within the boundaries of the mountainous planning district and accessed by a paved road maintained by the county or the state; or ] [ (ii) exercise extraterritorial jurisdiction in accordance with Section 10-8-15 . ] [ (c) When there is a vacancy in a planning commission seat described in Subsection (1)(c)(iii)(D), the county shall send a written request to one of the cities described in Subsection (8)(b), on a rotating basis, if applicable, for a list of three individuals, who satisfy the requirements described in Subsection (1)(c)(iii)(B), to fill the vacancy. ] [ (d) The city shall respond to a written request described in Subsection (8)(c) within 60 days after the day on which the city receives the written request. ] [ (e) After the county receives the city's list of three individuals, the county shall submit one of the individuals on the list for appointment to the vacant planning commission seat in accordance with county ordinance. ] [ (f) The county shall fill the vacancy in accordance with the county's standard procedure if the city fails to timely respond to the written request. ] Section 4. Section 17-27a-401 is amended to read: 17-27a-401. General plan required -- Content -- Resource management plan -- Provisions related to radioactive waste facility. (1) To accomplish the purposes of this chapter, each county shall prepare and adopt a comprehensive, long-range general plan: (a) for present and future needs of the county; (b) (i) for growth and development of all or any part of the land within the unincorporated portions of the county; or (ii) if a county has designated a mountainous planning district, for growth and development of all or any part of the land within the mountainous planning district; and (c) as a basis for communicating and coordinating with the federal government on land and resource management issues. (2) To promote health, safety, and welfare, the general plan may provide for: (a) health, general welfare, safety, energy conservation, transportation, prosperity, civic activities, aesthetics, and recreational, educational, and cultural opportunities; (b) the reduction of the waste of physical, financial, or human resources that result from either excessive congestion or excessive scattering of population; (c) the efficient and economical use, conservation, and production of the supply of: (i) food and water; and (ii) drainage, sanitary, and other facilities and resources; (d) the use of energy conservation and solar and renewable energy resources; (e) the protection of urban development; (f) the protection and promotion of air quality; (g) historic preservation; (h) identifying future uses of land that are likely to require an expansion or significant modification of services or facilities provided by each affected entity; and (i) an official map. (3) (a) The general plan shall: (i) allow and plan for moderate income housing growth; and (ii) contain a resource management plan for the public lands, as defined in Section 63L-6-102 , within the county . (b) On or before December 1, 2019, a county with a general plan that does not comply with Subsection (3)(a)(i) shall amend the general plan to comply with Subsection (3)(a)(i). (c) The resource management plan described in Subsection (3)(a)(ii) shall address: (i) mining; (ii) land use; (iii) livestock and grazing; (iv) irrigation; (v) agriculture; (vi) fire management; (vii) noxious weeds; (viii) forest management; (ix) water rights; (x) ditches and canals; (xi) water quality and hydrology; (xii) flood plains and river terraces; (xiii) wetlands; (xiv) riparian areas; (xv) predator control; (xvi) wildlife; (xvii) fisheries; (xviii) recreation and tourism; (xix) energy resources; (xx) mineral resources; (xxi) cultural, historical, geological, and paleontological resources; (xxii) wilderness; (xxiii) wild and scenic rivers; (xxiv) threatened, endangered, and sensitive species; (xxv) land access; (xxvi) law enforcement; (xxvii) economic considerations; and (xxviii) air. (d) For each item listed under Subsection (3)(c), a county's resource management plan shall: (i) establish findings pertaining to the item; (ii) establish defined objectives; and (iii) outline general policies and guidelines on how the objectives described in Subsection (3)(d)(ii) are to be accomplished. (4) (a) The general plan shall include specific provisions related to any areas within, or partially within, the exterior boundaries of the county, or contiguous to the boundaries of a county, which are proposed for the siting of a storage facility or transfer facility for the placement of high-level nuclear waste or greater than class C radioactive nuclear waste, as these wastes are defined in Section 19-3-303 . The provisions shall address the effects of the proposed site upon the health and general welfare of citizens of the state, and shall provide: (i) the information identified in Section 19-3-305 ; (ii) information supported by credible studies that demonstrates that the provisions of Subsection 19-3-307 (2) have been satisfied; and (iii) specific measures to mitigate the effects of high-level nuclear waste and greater than class C radioactive waste and guarantee the health and safety of the citizens of the state. (b) A county may, in lieu of complying with Subsection (4)(a), adopt an ordinance indicating that all proposals for the siting of a storage facility or transfer facility for the placement of high-level nuclear waste or greater than class C radioactive waste wholly or partially within the county are rejected. (c) A county may adopt the ordinance listed in Subsection (4)(b) at any time. (d) The county shall send a certified copy of the ordinance described in Subsection (4)(b) to the executive director of the Department of Environmental Quality by certified mail within 30 days of enactment. (e) If a county repeals an ordinance adopted under Subsection (4)(b) the county shall: (i) comply with Subsection (4)(a) as soon as reasonably possible; and (ii) send a certified copy of the repeal to the executive director of the Department of Environmental Quality by certified mail within 30 days after the repeal. (5) The general plan may define the county's local customs, local culture, and the components necessary for the county's economic stability. (6) Subject to Subsection 17-27a-403 (2), the county may determine the comprehensiveness, extent, and format of the general plan. (7) If a county has designated a mountainous planning district, the general plan for the mountainous planning district is the controlling plan [ and takes precedence over a municipality's general plan for property located within the mountainous planning district ]. (8) Nothing in this part may be construed to limit the authority of the state to manage and protect wildlife under Title 23, Wildlife Resources Code of Utah. Section 5. Section 17-27a-403 is amended to read: 17-27a-403. Plan preparation. (1) (a) The planning commission shall provide notice, as provided in Section 17-27a-203 , of its intent to make a recommendation to the county legislative body for a general plan or a comprehensive general plan amendment when the planning commission initiates the process of preparing its recommendation. (b) The planning commission shall make and recommend to the legislative body a proposed general plan for: (i) the unincorporated area within the county; or (ii) if the planning commission is a planning commission for a mountainous planning district, the mountainous planning district. (c) (i) The plan may include planning for incorporated areas if, in the planning commission's judgment, they are related to the planning of the unincorporated territory or of the county as a whole. (ii) Elements of the county plan that address incorporated areas are not an official plan or part of a municipal plan for any municipality, unless [ it ] the county plan is recommended by the municipal planning commission and adopted by the governing body of the municipality. [ (iii) Notwithstanding Subsection (1)(c)(ii), if property is located in a mountainous planning district, the plan for the mountainous planning district controls and precedes a municipal plan, if any, to which the property would be subject. ] (2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts, and descriptive and explanatory matter, shall include the planning commission's recommendations for the following plan elements: (i) a land use element that: (A) designates the long-term goals and the proposed extent, general distribution, and location of land for housing for residents of various income levels, business, industry, agriculture, recreation, education, public buildings and grounds, open space, and other categories of public and private uses of land as appropriate; and (B) may include a statement of the projections for and standards of population density and building intensity recommended for the various land use categories covered by the plan; (ii) a transportation and traffic circulation element that: (A) provides the general location and extent of existing and proposed freeways, arterial and collector streets, public transit, active transportation facilities, and other modes of transportation that the planning commission considers appropriate; (B) addresses the county's plan for residential and commercial development around major transit investment corridors to maintain and improve the connections between housing, employment, education, recreation, and commerce; and (C) correlates with the population projections, the employment projections, and the proposed land use element of the general plan; (iii) a plan for the development of additional moderate income housing within the unincorporated area of the county or the mountainous planning district, and a plan to provide a realistic opportunity to meet the need for additional moderate income housing; and (iv) before May 1, 2017, a resource management plan detailing the findings, objectives, and policies required by Subsection 17-27a-401 (3). (b) In drafting the moderate income housing element, the planning commission: (i) shall consider the Legislature's determination that counties should facilitate a reasonable opportunity for a variety of housing, including moderate income housing: (A) to meet the needs of people of various income levels living, working, or desiring to live or work in the community; and (B) to allow people with various incomes to benefit from and fully participate in all aspects of neighborhood and community life; and (ii) shall include an analysis of how the county will provide a realistic opportunity for the development of moderate income housing within the planning horizon, which may include a recommendation to implement three or more of the following strategies: (A) rezone for densities necessary to assure the production of moderate income housing; (B) facilitate the rehabilitation or expansion of infrastructure that will encourage the construction of moderate income housing; (C) facilitate the rehabilitation of existing uninhabitable housing stock into moderate income housing; (D) consider county general fund subsidies or other sources of revenue to waive construction related fees that are otherwise generally imposed by the county; (E) create or allow for, and reduce regulations related to, accessory dwelling units in residential zones; (F) allow for higher density or moderate income residential development in commercial and mixed-use zones, commercial centers, or employment centers; (G) encourage higher density or moderate income residential development near major transit investment corridors; (H) eliminate or reduce parking requirements for residential development where a resident is less likely to rely on the resident's own vehicle, such as residential development near major transit investment corridors or senior living facilities; (I) allow for single room occupancy developments; (J) implement zoning incentives for low to moderate income units in new developments; (K) utilize strategies that preserve subsidized low to moderate income units on a long-term basis; (L) preserve existing moderate income housing; (M) reduce impact fees, as defined in Section 11-36a-102 , related to low and moderate income housing; (N) participate in a community land trust program for low or moderate income housing; (O) implement a mortgage assistance program for employees of the county or of an employer that provides contracted services for the county; (P) apply for or partner with an entity that applies for state or federal funds or tax incentives to promote the construction of moderate income housing; (Q) apply for or partner with an entity that applies for programs offered by the Utah Housing Corporation within that agency's funding capacity; (R) apply for or partner with an entity that applies for affordable housing programs administered by the Department of Workforce Services; (S) apply for or partner with an entity that applies for services provided by a public housing authority to preserve and create moderate income housing; (T) apply for or partner with an entity that applies for programs administered by a metropolitan planning organization or other transportation agency that provides technical planning assistance; (U) utilize a moderate income housing set aside from a community reinvestment agency, redevelopment agency, or community development and renewal agency; (V) reduce residential building design elements as defined in Section 10-9a-403 ; and (W) consider any other program or strategy implemented by the county to address the housing needs of residents of the county who earn less than 80% of the area median income. (c) In drafting the land use element, the planning commission shall: (i) identify and consider each agriculture protection area within the unincorporated area of the county or mountainous planning district; and (ii) avoid proposing a use of land within an agriculture protection area that is inconsistent with or detrimental to the use of the land for agriculture. (d) In drafting the transportation and traffic circulation element, the planning commission shall: (i) consider the regional transportation plan developed by its region's metropolitan planning organization, if the relevant areas of the county are within the boundaries of a metropolitan planning organization; or (ii) consider the long-range transportation plan developed by the Department of Transportation, if the relevant areas of the county are not within the boundaries of a metropolitan planning organization. (3) The proposed general plan may include: (a) an environmental element that addresses: (i) to the extent not covered by the county's resource management plan, the protection, conservation, development, and use of natural resources, including the quality of air, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources; and (ii) the reclamation of land, flood control, prevention and control of the pollution of streams and other waters, regulation of the use of land on hillsides, stream channels and other environmentally sensitive areas, the prevention, control, and correction of the erosion of soils, protection of watersheds and wetlands, and the mapping of known geologic hazards; (b) a public services and facilities element showing general plans for sewage, water, waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them, police and fire protection, and other public services; (c) a rehabilitation, redevelopment, and conservation element consisting of plans and programs for: (i) historic preservation; (ii) the diminution or elimination of a development impediment as defined in Section 17C-1-102 ; and (iii) redevelopment of land, including housing sites, business and industrial sites, and public building sites; (d) an economic element composed of appropriate studies and forecasts, as well as an economic development plan, which may include review of existing and projected county revenue and expenditures, revenue sources, identification of basic and secondary industry, primary and secondary market areas, employment, and retail sales activity; (e) recommendations for implementing all or any portion of the general plan, including the use of land use ordinances, capital improvement plans, community development and promotion, and any other appropriate action; (f) provisions addressing any of the matters listed in Subsection 17-27a-401 (2) or (3)(a)(i); and (g) any other element the county considers appropriate. Section 6. Section 17-27a-901 is amended to read: 17-27a-901. Mountainous planning district. (1) (a) The legislative body of a county of the first class may adopt an ordinance designating an area located within the county as a mountainous planning district if the legislative body determines that: (i) the area is primarily used for recreational purposes, including canyons, foothills, ski resorts, wilderness areas, lakes and reservoirs, campgrounds, or picnic areas within the Wasatch Range; (ii) the area is used by residents of the county who live inside and outside the limits of a municipality; (iii) the total resident population in the proposed mountainous planning district is equal to or less than 5% of the population of the county; (iv) the area is within the unincorporated area of the county or was within the unincorporated area of the county before May 12, 2015; and (v) the area includes land designated as part of a national forest on or before May 9, 2017. [ (b) (i) A mountainous planning district may include within its boundaries a municipality, whether in whole or in part. ] [ (ii) Except as provided in Subsection (1)(b)(iv), if a mountainous planning district includes within its boundaries an unincorporated area, and that area subsequently incorporates as a municipality: ] [ (A) the area of the incorporated municipality that is located in the mountainous planning district is included within the mountainous planning district boundaries; and ] [ (B) property within the municipality that is also within the mountainous planning district is subject to the authority of the mountainous planning district. ] [ (iii) A subdivision and zoning ordinance that governs property located within a mountainous planning district shall control over any subdivision or zoning ordinance, as applicable, that a municipality may adopt. ] [ (iv) A county shall allow an area within the boundaries of a mountainous planning district to withdraw from the mountainous planning district if: ] [ (A) the area contains less than 100 acres; ] [ (B) the area is annexed to a city in accordance with Title 10, Chapter 2, Part 4, Annexation; ] [ (C) the county determines that the area does not contain United States Forest Service land or land that is designated as watershed; and ] [ (D) the county determines that the area is not used by individuals for recreational purposes. ] [ (v) An area described in Subsection (1)(b)(iv) that withdraws from a mountainous planning district is not subject to the authority of the mountainous planning district. ] [ (c) ] (b) The population figure under Subsection (1)(a)(iii) shall be derived from a population estimate by the Utah Population Committee. [ (d) If any portion of a proposed mountainous planning district includes a municipality with a land base of five square miles or less, the county shall ensure that all of that municipality is wholly located within the boundaries of the mountainous planning district. ] (2) (a) [ Notwithstanding Subsection 10-9a-102 (2), 17-34-1 (2)(a), or 17-50-302 (1)(b), or Section 17-50-314 , a ] A county may adopt a general plan and adopt a zoning or subdivision ordinance for a property that is located within[ : ] a mountainous planning district. [ (i) a mountainous planning district; and ] [ (ii) a municipality. ] (b) A county plan or zoning or subdivision ordinance governs a property described in Subsection (2)(a). [ (3) A planning commission with jurisdiction over a mountainous planning district in a county of the first class shall submit a report that summarizes actions the planning commission has taken and any recommendations regarding the mountainous planning district to the Legislature's Natural Resources, Agriculture, and Environment Interim Committee by no later than November 30 of each year. ] Section 7. Section 63I-2-210 is amended to read: 63I-2-210. Repeal dates -- Title 10. [ (1) ] Section 10-6-160.1 is repealed January 1, 2021. [ (2) Subsection 10-9a-304 (2), regarding municipal authority over property located within a mountainous planning district, is repealed June 1, 2021. ] [ (3) When repealing Subsection 10-9a-304 (2), the Office of Legislative Research and General Counsel shall, in addition to the office's authority under Subsection 36-12-12 (3), make necessary changes to subsection numbering and cross references. ] Section 8. Section 63I-2-217 is amended to read: 63I-2-217. Repeal dates -- Title 17. [ (1) Section 17-22-32.2 , regarding restitution reporting, is repealed January 1, 2021. ] [ (2) Section 17-22-32.3 , regarding the Jail Incarceration and Transportation Costs Study Council, is repealed January 1, 2021. ] [ (3) Subsection 17-27a-102 (1)(b), the language that states "or a designated mountainous planning district" is repealed June 1, 2021. ] [ (4) (a) Subsection 17-27a-103 (18)(b), regarding a mountainous planning district, is repealed June 1, 2021. ] [ (b) Subsection 17-27a-103 (42), regarding a mountainous planning district, is repealed June 1, 2021. ] [ (5) Subsection 17-27a-210 (2)(a), the language that states "or the mountainous planning district area" is repealed June 1, 2021. ] [ (6) (a) Subsection 17-27a-301 (1)(b)(iii), regarding a mountainous planning district, is repealed June 1, 2021. ] [ (b) Subsection 17-27a-301 (1)(c), regarding a mountainous planning district, is repealed June 1, 2021. ] [ (c) Subsection 17-27a-301 (3)(a), the language that states " or (c)" is repealed June 1, 2021. ] [ (7) Section 17-27a-302 , the language that states ", or mountainous planning district" and "or the mountainous planning district," is repealed June 1, 2021. ] [ (8) Subsection 17-27a-305 (1)(a), the language that states "a mountainous planning district or" and ", as applicable" is repealed June 1, 2021. ] [ (9) (a) Subsection 17-27a-401 (1)(b)(ii), regarding a mountainous planning district, is repealed June 1, 2021. ] [ (b) Subsection 17-27a-401 (7), regarding a mountainous planning district, is repealed June 1, 2021. ] [ (10) (a) Subsection 17-27a-403 (1)(b)(ii), regarding a mountainous planning district, is repealed June 1, 2021. ] [ (b) Subsection 17-27a-403 (1)(c)(iii), regarding a mountainous planning district, is repealed June 1, 2021. ] [ (c) Subsection 17-27a-403 (2)(a)(iii), the language that states "or the mountainous planning district" is repealed June 1, 2021. ] [ (d) Subsection 17-27a-403 (2)(c)(i), the language that states "or mountainous planning district" is repealed June 1, 2021. ] [ (11) Subsection 17-27a-502 (1)(d)(i)(B), regarding a mountainous planning district, is repealed June 1, 2021. ] [ (12) Subsection 17-27a-505.5 (2)(a)(iii), regarding a mountainous planning district, is repealed June 1, 2021. ] [ (13) Subsection 17-27a-602 (1)(b), the language that states "or, in the case of a mountainous planning district, the mountainous planning district" is repealed June 1, 2021. ] [ (14) Subsection 17-27a-604 (1)(b)(i)(B), regarding a mountainous planning district, is repealed June 1, 2021. ] [ (15) Subsection 17-27a-605 (1)(a), the language that states "or mountainous planning district land" is repealed June 1, 2021. ] [ (16) Title 17, Chapter 27a, Part 9, Mountainous Planning District, is repealed June 1, 2021. ] [ (17) On June 1, 2021, when making the changes in this section, the Office of Legislative Research and General Counsel shall: ] [ (a) in addition to its authority under Subsection 36-12-12 (3): ] [ (i) make corrections necessary to ensure that sections and subsections identified in this section are complete sentences and accurately reflect the office's understanding of the Legislature's intent; and ] [ (ii) make necessary changes to subsection numbering and cross references; and ] [ (b) identify the text of the affected sections and subsections based upon the section and subsection numbers used in Laws of Utah 2017, Chapter 448. ] [ (18) Subsection 17-34-1 (5)(d), regarding county funding of certain municipal services in a designated recreation area, is repealed June 1, 2021. ] [ (19) ] (1) Title 17, Chapter 35b, Consolidation of Local Government Units, is repealed January 1, 2022. [ (20) ] (2) On June 1, 2022: (a) Section 17-52a-104 is repealed; (b) in Subsection 17-52a-301 (3)(a), the language that states "or under a provision described in Subsection 17-52a-104 (1)(b) or (2)(b)," is repealed; and (c) Subsection 17-52a-301 (3)(a)(iv), regarding the first initiated process, is repealed. [ (21) ] (3) On January 1, 2028, Subsection 17-52a-103 (3), requiring certain counties to initiate a change of form of government process by July 1, 2018, is repealed.